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Not completing right-to-work checks? You could be fined up to 60k and face criminal charges

02 Jan 2024

In the ever-evolving landscape of employment regulations, businesses need to stay informed, especially with recent updates in right-to-work checks. The maximum fine for employing an illegal worker has surged from £20,000 to a substantial £60,000, with potential criminal charges for knowingly doing so.

The government holds the authority to audit businesses at any time, placing the responsibility on employers to furnish evidence of completed checks, whether or not they were aware of any irregularities.

What’s on the line?

❌Besides your hard-earned money, there’s your reputation, your business’s image and even your freedom.
❌ Employers who knowingly hire individuals without the right to work may face criminal charges.
❌ Unlimited fines and up to five years behind bars – not the kind of business venture you had in mind, right?

Here are key tips to ensure your business is compliant:

Stay Informed:

  • Keep abreast of changes as the Home Office doesn’t provide advance notice.
  • Regularly update your processes to align with the latest guidance.

Choose one of the 3 types of checks

  • Manual right-to-work check
  • Right-to-work check using an Identity Service Provider (IDSP)
  • Home Office online right-to-work check

Accept Valid Proof:

  • Biometric residence cards are no longer accepted.
  • Familiarise yourself with current valid proof and ensure thorough verification before hiring.

Document Dates:

  • Prove that checks were conducted before employment by meticulously recording dates.
  • Failure to do so may result in fines.

Understand Student Employment:

  • Employing students entails additional requirements, including knowledge of term dates and proper documentation of enrolment and completion.
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